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2024 Supreme(Online)(DEL) 16135

HIGH COURT OF DELHI
HON’BLE MR JUSTICE AMIT MAHAJAN, J
SWATI MALIWAL – Appellant
Versus
STATE – Respondent


Ms. Rebecca John, Sr. Advocate with Mr. Chirag Madan, Mr. Harsh Bora, Ms. Ravleen Sabharwal, Mr. Rahul Agarwal, Mr. Pravir Singh, Mr. Nilanjan Dey, Mr. Tushar Yadav, Mr. Zillur Rehman & Ms. Anshuka Baruah, Advocates; Mr. Yoginder Handoo, Special Counsel with Mr. Ashwin Kataria, Mr. Garvit Solanki & Mr. Medha Gaur, Advocates; Ms. Rupali Bandhopadhya, ASC for the State with Mr. Abhijeet Kumar, Advocate; Mr. Sanjeev Bhandari, ASC for the State

JUDGMENT

1. The present petitions are filed under Section 397 read with Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’), challenging the order on charge dated 08.12.2022 (hereafter ‘impugned order’), in CC No. 107/2019 arising out of FIR No. 15/2016, registered at ACB, whereby the learned Trial Court had directed for charges to be framed against the accused persons for the offences under Section 120B of the Indian Penal Code, 1860 (‘IPC’) read with Sections 13(1)(d)/13(2) of the Prevention of Corruption Act, 1988 (‘PC Act’) as well as for the substantial offence under Section 13(2) read with Section 13(1)(d)(ii) of the PC Act.

BRIEF FACTS OF THE CASE

2. On 11.08.2016, an undated complaint of Ms. Barkha Shukla Singh, Ex- MLA, was received in the Anti-Corruption Bureau, Delhi. The gist of the complaint was that the Government of Delhi had adopted several untoward and illegal practices to benefit the aids and associates of Aam Aadmi Party (‘AAP’). It was alleged that the benefits were financial in nature and were being provided by the exchequer of Delhi by irregularly engaging the associates of the Party on contract basis. It was alleged that one such organisation where such

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